Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-21 and last amended on 2016-06-17. Previous Versions

Marginal note:Corrupting children
  •  (1) Every one who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • (2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]

  • Definition of child

    (3) For the purposes of this section, child means a person who is or appears to be under the age of eighteen years.

  • Marginal note:Who may institute prosecutions

    (4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court.

  • R.S., 1985, c. C-46, s. 172;
  • R.S., 1985, c. 19 (3rd Supp.), s. 6.
Marginal note:Luring a child
  •  (1) Every person commits an offence who, by a means of telecommunication, communicates with

    • (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2);

    • (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or

    • (c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:Presumption re age

    (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

  • Marginal note:No defence

    (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

  • 2002, c. 13, s. 8;
  • 2007, c. 20, s. 1;
  • 2008, c. 6, s. 14;
  • 2012, c. 1, s. 22;
  • 2014, c. 25, s. 9;
  • 2015, c. 23, s. 11.

Disorderly Conduct

Marginal note:Agreement or arrangement — sexual offence against child
  •  (1) Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person, to commit an offence

    • (a) under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) with respect to another person who is, or who the accused believes is, under the age of 18 years;

    • (b) under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to another person who is, or who the accused believes is, under the age of 16 years; or

    • (c) under section 281 with respect to another person who is, or who the accused believes is, under the age of 14 years.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:Presumption

    (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

  • Marginal note:No defence

    (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

  • Marginal note:No defence

    (5) It is not a defence to a charge under paragraph (1)(a), (b) or (c)

    • (a) that the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer; or

    • (b) that, if the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer, the person referred to in paragraph (1)(a), (b) or (c) did not exist.

  • 2012, c. 1, s. 23;
  • 2014, c. 25, s. 10;
  • 2015, c. 23, s. 12.
Marginal note:Indecent acts
  •  (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months.

  • Marginal note:Exposure

    (2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.

  • R.S., 1985, c. C-46, s. 173;
  • R.S., 1985, c. 19 (3rd Supp.), s. 7;
  • 2008, c. 6, s. 54;
  • 2010, c. 17, s. 2;
  • 2012, c. 1, s. 23.
Marginal note:Nudity
  •  (1) Every one who, without lawful excuse,

    • (a) is nude in a public place, or

    • (b) is nude and exposed to public view while on private property, whether or not the property is his own,

    is guilty of an offence punishable on summary conviction.

  • Marginal note:Nude

    (2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.

  • Marginal note:Consent of Attorney General

    (3) No proceedings shall be commenced under this section without the consent of the Attorney General.

  • R.S., c. C-34, s. 170.
Marginal note:Causing disturbance, indecent exhibition, loitering, etc.
  •  (1) Every one who

    • (a) not being in a dwelling-house, causes a disturbance in or near a public place,

      • (i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,

      • (ii) by being drunk, or

      • (iii) by impeding or molesting other persons,

    • (b) openly exposes or exhibits an indecent exhibition in a public place,

    • (c) loiters in a public place and in any way obstructs persons who are in that place, or

    • (d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,

    is guilty of an offence punishable on summary conviction.

  • Marginal note:Evidence of peace officer

    (2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred.

  • R.S., 1985, c. C-46, s. 175;
  • 1997, c. 18, s. 6.
 
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